Varia Justicia

Vol. 17 No. 2 (2021) pp. 184-198

pISSN: 1907-3216 | eISSN: 2579-5198

Oversharing and its Impact for Children: A Comparative

Legal Protection

Sayid Muhammad Rifqi Noval*

Faculty of Law, Universitas Islam Nusantara, Bandung, Indonesia
*
email: smrn.uninus@gmail.com

DOI: https://doi.org/10.31603/variajusticia.v17i2.5274
Submitted: July 2021 Revised: August 2021 Accepted: September 2021

ABSTRACT
Keywords: This study aims to identify the potential threat for children resulting from
Protection of the intense personal data overshare in cyber-space and examine its legal
Children; Data protection. This study uses descriptive qualitative with a case, comparative
Protection; and conceptual approaches. The primary legal material used in this study
Cyber Offense;
is Law No. 44 of 2008 on Pornography (Pornography law) and Law No. 11
Oversharing;
of 2008 on Information and Electronic Transaction (ITE law), last amended
by law No. 19 of 2016 on the Amendment of Law No. 11 of 2008. The
secondary legal material used in this study includes books, journals, and
related articles. The result shows that threats resulting from the overshare
lead to various offenses like cyberbullying, pedophile threats, identity theft,
identity manipulation, deepfake, and cyberstalking. In Indonesia, the legal
protection of the children cyber offense victim does not specifically regulate.
While learning from several countries, such as the U.S, Canada, France and
the U.K, have stipulated the provision regarding children’s protection,
especially in cyber-space. Through this study, the author proposed the
appropriate regulation to tackle the issues of cyber offense for children in
Indonesia by complementing the existing regulation regarding the limitation
of oversharing of data in the cyber-space.

1. INTRODUCTION
As the fourth largest internet user country globally, Indonesia faced several
challenges regarding any transaction in cyberspace. According to datarepolal research,
Indonesia has 170.0 million social media users. Between 2020 and 2021, Indonesia's
social media users increased by 10 million (+6.3%), about 61.8% of the total population
in January 2021. Recently, the unconsciousness of the Indonesian people on the threat of
oversharing generated offense. Seeing this condition, the government is subjected to
protect and ensure the legal protection of its citizens. 1
The case of young mother often shares stories about her child's condition suffering
from labioplatoschizis or cleft lip in the online discussion forums. The mother provided

1
Joseph Johnson, “Number of Online Users Worldwide 2020, by Country” (Statista, 2021),
https://www.statista.com/statistics/271411/number-of-internet-users-in-selected-countries.

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detailed information on her children, such as full name, date of birth, address, medical
history, and several photos. Her activity raises many bad comments and responses from
the viewers and affects the emotions of the mother and child. A similar story was done
by Liza Long when writing an article published on Blue Review titled “I am Adam Lanza
Mother.” 2 Liza shared the story of her thirteen-year-old son, accompanied by photos,
detailed data on mental health. 3
Refer to the above mentions experience as a lesson for parents that oversharing of
the child’s identity, the child’s daily life, to the child’s health led to a negative impact.
Overshare became a popular word in the late 1990s when teenagers used the term to
describe the disclosure of personal information by themselves. In the late 2000s, the term
overshare was more often used to display everyday activities on social media. 4
Oversharing relates to “proud Parent Syndrome’, which often occurs when a child gets
an award or goes through a special moment, such as the first day of school. Parents
frequently share images of their children with comprehensive information, including the
child’s name, school name, school location, and other information that could identify the
child. Frequently, the information is judged useless but vulnerable to misuse by
kidnappers or criminals. 5
According to Tessian research, 84% of people upload content to social media at
least once every week. Each day, up to 42% of them reveal much about their hobbies,
interests, relationships, and location. Half of all social media users included the names
and photographs of their children, and 72% wished them a happy birthday. 6
The site manager publishes new photos every week to nearly 63,000 users
worldwide. Ruecha Tokputza, an Australian site manager, was sentenced to 40 years in
prison in 2019 following the discovery of thousands of images taken in Thailand and
Australia on her smartphone. Several of them, including a 15-month-old child, with
Tokputza as the major perpetrator. 7 Gareth Owen, a researcher from the University of

2
Boise State University, “Five Simple Tips to Be Cyber Secure at Work” (Boise State News,
2019), https://www.boisestate.edu/news/2019/10/02/five-simple-tips-to-be-cyber-secure-at-work/.
3
Hanif Akhtar, “Perilaku Oversharing Di Media Sosial: Ancaman Atau Peluang?,” Psikologika :
Jurnal Pemikiran Dan Penelitian Psikologi 25, no. 2 (2020): 257–70,
https://doi.org/10.20885/psikologika.vol25.iss2.art7.
4
Rachel Sykes, “‘Who Gets to Speak and Why?’ Oversharing in Contemporary North American
Women’s Writing,” Journal of Women in Culture and Society 43, no. 1 (2017): 153–54.
5
Jessica Wang, “They Can Find out Everything’: ‘Proud Parent Syndrome’ Could Be Putting
Kids’ Safety at Risk” (mamamia.com.au, 2020), https://www.mamamia.com.au/cyber-safety-for-kids/.
6
Kompas, “Mengenal Perilaku ‘Oversharing’ Di Media Sosial Dan Bahaya Yang Mengintai”
(Kompas.com, 2021), https://tekno.kompas.com/read/2021/02/08/09470077/mengenal-perilaku-
oversharing-di-media-sosial-dan-bahaya-yang-mengintai?page=all, 24/8/2020.
7
Julia Hollingswort and Stella Ko, “50 Children Saved as Interpol Exposes International
Pedophile Ring” (edition.cnn.com, 2021), https://edition.cnn.com/2019/05/24/asia/child-sex-offenders-
intl/index.html,.
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Portsmouth, disclosed at the 2014 computing Chaos convention in Hamburg that 4 out of
5 (83%) dark web visitors hunt for pedophile content. 8
In Indonesia, a survey found that 53% of the public share images, followed by
42% of opinions, 37% update status on current activities, 36% share link to articles, 35%
like something, and 33% change their status. 9 Moreover, there is a new social media trend
called sadfishing, which entails emotional disclosure of personal problems on social
media to garner attention and sympathy from followers, and often excessive sharing of
personal information. 10
Furthermore, many internet users are unaware that they are oversharing. There are
ten types of people who overshare their activities in cyberspace, namely: (1) the sympathy
seeker; (2) the selfie queen; (3) the serial taggers; (4) the profile changer; (5) the dear
diary; (6) the constagramar; (7) the rent-a-cause; (8) the snap chatter; (9) the family
posters; (10) Mr. Popular. 11
From the above-mentioned data, the oversharing may impact to cyberbullying to
the families, especially a child, due to data shared by parents in cyberspace. Some
Indonesian celebrity children who have been victims of cyberbullying include: 12
a. Putri Titian and Junior Liem’s children are victims of bullying because there is no
Islamic element in the names of the children of this artist couple;
b. Deddy Corbuzier’s son once received comments on Instagram that his face
resembled Anji;
c. Gisella’s daughter is bullying’s victim after the video recording of his daughter
saying “I don’t like you, grandma, I like mommy” to her grandmother was spread in
cyberspace;
d. Comedian Uus’ son becomes a victim of bullying on Instagram by
@idodolliped_319 with the comment, Mukanya ngeri, kayak alien, hasil anak zina
kek gini ya? (her face is horrified like aliens maybe adulterous child, right?”);

8
Andy Greenberg, “Over 80 Percent of Dark-Web Visits Relate to Pedophilia, Study Finds”
(www.wired.com, 2021), https://www.wired.com/2014/12/80-percent-dark-web-visits-relate-pedophilia-
study-finds/.
9
Akhtar, “Perilaku Oversharing Di Media Sosial: Ancaman Atau Peluang?”
10
Eleanor Busby, “Sadfishing: Social Media Trend Threatens Teenagers’ Mental Health, Report
Warns” (www.independent.co.uk, 2019), https://www.independent.co.uk/news/education/education-
news/sadfishing-what-problem-sympathy-social-media-mental-health-children-a9126811.html.
11
College Time, “The 10 Types of Oversharers on Social Media” (www.collegetimes.com,
2020), https://www.collegetimes.com/life/the-10-types-of-oversharers-on-social-media-130560,
22/9/2020.
12
Tribunnews, “These Are 8 Artist Children Who Are Victims of Bullying Netizens Are Said to
Be Impolite, like Animals to Aliens” (palembang.tribunnews.com, 2020),
https://palembang.tribunnews.com/2017/12/14/ini-8-anak-artis-yang-be-korban-bully-netizen-to-be-
disrespectful-animal-to-alien?page=all.
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e. Farah Quinn’s child becomes a victim of bullying on Instagram that was done by
@risa_chattyn with his son’s comment, “hidungnya mirip siluman kerbau (his nose
like a buffalo’s evil)
Based on the description above, the studies regarding threat of oversharing need
to be conducted especially offense to the right of privacy and its legal consequences. The
discussion will be carried out by describing a type of threats that occur from the
overshared personal information in cyberspace. Moreover, this study try to compare the
protection of the right to privacy in several countries.

2. RESEARCH METHODS
This study uses descriptive qualitative with statutory, comparative and conceptual
approaches. The primary legal material used in this study including Law Number 44 of
2008 on Pornography (Pornography Law) and Law Number 11 of 2008 on Information
and Electronic Transaction (ITE law), last amended by law No. 19 of 2016 on the
Amendment of Law No. 11 of 2008. The secondary legal material used in this study
includes books, journals, and related articles.

3. RESULT AND DISCUSSION

3.1. Threat of Oversharing in Cyberspace
Various threats of oversharing behavior in cyberspace may causes to the cyber-
stalking and identity theft. The common threat rises from the oversharing behavior
express into several form of crime, such as pedophiles, kidnapping, and human trafficking
as well as acts of bullying and shaming.
Pedophilia defined as mental disorder of an older adult or adolescent with a sexual
attraction to children. 13 A study revealed that 1 to 5% of the male population is estimated
has their mental disorder in nature.14 In Germany, the legal enforcer issued an official
warning to prevent the parents from publicly post images of their children on Facebook
due to this threat. 15 While, in 2017 the federal police officer launched “operation
blackwirst” found the harassing material on the dark web against 11 children under the
age of 13.
Current technological advances abused by pedophiles to obtain sexual photos of
children. Previously, perpetrators of sexual abuse or pedophiles often edited a child’s

13
Claudia Massau et al., “Neural Correlates of Moral Judgment in Pedophilia,” Social Cognitive
and Affective Neuroscience 12, no. 9 (2017): 1490–99, https://doi.org/https://doi.org/10.1093/scan/nsx077.
14
Daniela Stelzmann, Sara Jahnke, and Laura F. Kuhle, “Media Coverage of Pedohilia: Benefits
and Risks from Healthcare Practitioners’ Point of View,” International Journal of Environmental Research
and Public Health 17, no. 16 (2020): 5759, https://doi.org/10.3390/ijerph17165739.
15
BBC News, “German Police War Parents over Facebook Picture of Children” (www.bbc.com,
2021), https://www.bbc.com/news/technology-34539059.
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photo to fulfill their own interest, as performed by Bojonegoro with 16 students, 16 During
its development, Deepnude application was published in 2019 with the capability of
automatically manipulating a person’s photo to appear naked. The app’s creators used
more than 10,000 photos of naked women to train the app’s algorithm. Users are only
asked to upload a photo of someone, and then the online application will process it to
produce the photo without clothes. 17 However, aside children might be possible to be the
victims of this deepnude application, generally all women photos available in cyberspace
are threatened to be processed by irresponsible people. Based on data released by Sensity,
there are at least 680,000 women who have become targets of their photos to be
“disarmed” through the application. The perpetrators obtained 70 percent of these private
photos through the victim’s social media, and among these photos are underage victims. 18
The concern does not stop at digital engineering in the form of images, and it is
now possible to manipulate videos that can manipulate speech or scenes that seem to be
done by someone so that it looks like an original video, which is known as a deepfake. A
deepfake is used to point a video that overlays a hyper-realistic face onto another person’s
body to create a new video using a false representation. 19 Deepfake porn was the first
fast-growing amateur deepfake and is the most common deepfake content present.
Several artists have become victims of deepfakes, including Gal Gadot, Emma Watson,
Scarlet Johanson, Angelina Jolie and others. 20 In 2019, there were 15,000 deepfake
videos, 96% of which were sexual, and they were viewed more than 134 million times on
the four sites that released them. 21
Publication of children’s photos in cyberspace is not only a target for pedophiles,
but can also be used by other parties for business purposes. Dimitri Tokmetzis, a
journalist, and his colleague Yuri Veerman, a designer, shows this possibility. His
concern about the widespread publication of children’s photos in cyberspace and
increased awareness of privacy in cyberspace made him conduct a social experiment in

16
Imron, “Indecent Photo Editing of Students, The Driver in Bojonegoro Was Arrested, 2019”
(jatim.idntimes.com, 2021), https://jatim.idntimes.com/news/jatim/imron/edit-foto-tak-senonoh-para-
pelajar-sopir-di-bojonegoro-ini-diringkus/4.
17
Tunde Farago, “Deep Fakes – an Emerging Risk to Individual and Societies Alike” (Tilburg
University, 2019).
18
Giorgio Patrini, “Automating Image Abuse : Deepfake Bots on Telegram” (sensity.ai, 2020),
https://sensity.ai/automating-image-abuse-deepfake-bots-on-
telegram/?utm_medium=email&_hsmi=97887695&_hsenc=p2ANqtz--
xS8rbl8GiysLjtk9QZPuq3XR8zuhbKZbPorrROXE1qIwfVYBTFm52PIl_WDFLoNBlnioT54YWTr_oiR
aTRxvQ5lJgPw&utm_content=97887695&utm_source=hs_email.
19
Sayid Muhammad and Rifqi Noval, “Legal Protection Against Victims of Misuse of Personal
Data: Use of Deepfake Techniques,” in Proceedings of the National Research & Community Service
Seminar (SNP2M), Ujung Pandang State Polytechnic, 2019, 13–14.
20
Emily Hsiang, “Deepfake : An Emerging New Media Object in the Age of Online Content”
(Lund University, 2020).
21
April Falcon Doss, Cyber Privacy : Who Has Your Data and Why You Should Care (Dallas:
BenBella Books, 2020).
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the form of selling mugs with photos of children he obtained from the Flicker site. The
photos are uploaded by internet users, especially families with basic settings, to be used
for commercial purposes for free. Through the Koppie-koppie.biz site, both are selling at
€15.95 for each mug. Although the site is currently accessible, the sale of mugs has been
discontinued. 22 According to research conducted by AVG, just 33% of parents publish
their children for the record. Because family members and relatives frequently share
photos of children, this is an obstacle for parents seeking to delete photos of their children
in cyberspace. 23 In 2016, Terre des Homes and Tilburg University conducted a project,
Sweetie 2.0, on online child sex tourism. In his research, digital engineering was carried
out by creating a virtual figure of a child who was ten years old and a Filipino citizen.
Sweetie was present in online discussion rooms and dating sites and interacted with
20,127 predators over ten weeks. During the study, 1000 predators were identified in 79
countries.24
Another threat is the availability of information for hackers to guess someone’s
password through the information in cyberspace, in addition to other techniques often
used by hackers, such as brute force attacks. 25 There is a lot of sensitive personal
information available in someone’s email or social media accounts today. The high use
of Google Drive to store collections of photos, as well as personal documents, or intimate
communications made through Facebook messages is vulnerable to being hacked when
someone can find out the account password, one of the methods is by guessing based on
information obtained in cyberspace regarding the owner. A study shows that some people
use their wedding date for account passwords or even device pin codes. That information
can be easily identified based on information that people often post on their social media
accounts.26

22
Koppie Koppie, “Someone’s Kid on Your Favorite Mug” (koppie-koppie.biz, 2021),
http://koppie-koppie.biz/, 2/5/2021.
23
Mark Millan, “82 Percent of Kids Under 2 Have an Online Presence” (edition.cnn.com, 2021),
http://edition.cnn.com/2010/TECH/social.media/10/07/baby.pictures/index.html#:~:text=Thanks to the
ubiquity of,online pictures%2C the report said.
24
Terre des Hommes, “Sweetie, Our Weapon Against Child Webcam Sex”
(www.terredeshommes.nl, 2021), https://www.terredeshommes.nl/en/programs/sweetie; Rachael Jackson,
“Online Sexual Exploitation of Children in the Philippines”, International Justice Mission, US Department
of States Office to Monitor and Combat Trafficking in Persons and The Philippine Inter-Agency Council
Against Trafficking,” in International Justice Mission (IJM) (Interpol, 2020), 1–102,
https://ijmstoragelive.blob.core.windows.net/ijmna/documents/OSEC-in-the-Philippines-
Report.pdf?mtime=20210203040629&focal=none.
25
Marco Gercke, “Understanding Cybercrime : Phenomena, Challenges and Legal Response
(Geneva : International Telecommunication Union (ITU),” in International Telecommunication Union
(ITU) (International Telecommunication Union (ITU), 2012), 1–280, https://www.itu.int/ITU-
D/cyb/cybersecurity/docs/Cybercrime legislation EV6.pdf; Mohamed Abomhara and G. M. K, “Cyber
Security and the Internet of Things: Vulnerabilities, Threats, Intruders and Attacks,” Cyber Secur. Mobil
4, no. 1 (2015): 65–88.
26
Jake Moore, “You’d Better Change Your Birthday- Hackers May Know Your PIN”
(welivesecurity.com, 22019), https://www.welivesecurity.com/2019/06/19/change-birthday-hackers-may-
know-pin/.
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A study conducted by Harris Poll in collaboration with Google in October 2019

showed that 66% of Americans use the same passwords for banking, email, and social
media accounts. About 59% of American adults enter their name or birthday, 33% the
name of a pet, 15 % name of the spouse, and 14% child’s name in the password. It is even
documented that 27% of respondents attempted to guess another person’s password and
17% succeeded. 27 Another study discovered a strong correlation between words and birth
dates in 32 million hacked passwords. 28
Another threat occur due to photos distributed in cyberspace. There is hidden
information in a photo called an exchangeable Image File or EXIF. The information
contains shutter speed, ISO, aperture, shooting date and time, 29 and photo location. One
can use the data to get the exact geographic location of where the photo was taken. 30 The
next potential threat can occur after knowing where the photo was taken, as experienced
by Japan Idol Member Ena Matsuoka. A stalker named Hibiki Sato was charged with
assault and sexual harassment after discovering where Matsuoka lived based on an
analysis of the reflection of the image contained in the pupil of the photo published by
Matsuoka. The photo was enlarged by Hibiki so that some information, such as the train
station, to the surrounding buildings, was discovered, which was then explored further
using Google Street View. Matsuoka was held captive by Sato after getting off at the bus
stop in front of his apartment building in September 2019. 31
Moreover, development quality of the camera at this time also becomes an
opportunity for privacy violations such an experienced by Matsuoka. Beside, good photo
quality can even be an opportunity for very private data, fingerprints maybe possible
hacked as experienced by the German Minister of Defense 2013-2019, Ursula von der
Leyen fingerprints were successfully regenerated by Jan Krissler using a high-resolution
photo obtained from the press office of the German government. Jan Krissler

27
Jason Aten, “The United States of P@swo0rd $”, October 2019, Harris Pool and Google”
(theharrispoll.com, 2019); C. Rose, “The Security Implications Of Ubiquitous Social Media,” International
Journal of Management & Information Systems (IJMIS) 15, no. 1 (2011),
https://doi.org/https://doi.org/10.19030/ijmis.v15i1.1593.
28
Rafael Veras, “Visualizing Semantic in Passwords: The Role of Dates,” in Proceedings of the
Ninth International Symposium on Visualizations for Cyber Security, Association for Computing
Machinery (Washington D.C, 2012), 89.
29
D. P. Gangwar and Anju Pathania, “Authentication of Digital Image Using Exif Metadata and
Decoding Properties,” International Journal of Scientific Research in Computer Science, Engineering and
Information Technology 3, no. 1 (2018): 335–41, https://doi.org/10.32628/cseit183815.
30
Yemi Faleti, “Why It Is Important to Avoid Oversharing Online” (tevenson.edu, 2017),
https://www.stevenson.edu/online/about-us/news/avoid-oversharing-online#:~:text=As technology sees
constant growth,it be friends or strangers.&text =Individuals can find a wealth,with a simple Google search.
31
Steve Boggan, “Why This Instagram Post Is a Stalker’s Dream” (dailymail.co.uk, 2021),
https://www.dailymail.co.uk/home/you/article-7810785/Why-Instagram-post-stalkers-dream-risky-
posting-snaps-be.html.
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demonstrated at the Chaos Communication Congress, an annual gathering of hackers held

in Germany in 2014.32
After all, information is owned by hackers, even up to fingerprints, hence the
opportunity to carry out impersonation in cyberspace. Hackers can create fake accounts
with all their information about a person, Rahm Emanuel did when running for mayor of
Chicago. Instantly there was a Twitter account with the name @Mayoremanuel, which
acknowledged that it was Emanuel’s original account. 33 The worst concern from online
impersonation is unlawful activity, such as fraud or defamation by a fake account.

3.2. Regulatory Comparison

In 2017, the United Nations Human Rights Council issued a resolution related to
the right to privacy in the digital era, a reference for countries in understanding the
urgency of personal protection in cyberspace. However, it is known that not all countries
have a uniform understanding, one of which is related to the age limit for children who
must obtain parental permission if other parties want to collect them, such as 13 years in
America, 14 years in Spain, and 18 years in South Africa. 34 Several countries have
various legal provisions to protect their citizens from crimes related to privacy.
The engineering of the actual photo has been going on for a long time, and several
cases have been resolved through the courts. In May 2018, David Buccheri was found
guilty by Westminster Magistrates’ Court and sentenced to 16 weeks in prison and a fine
of £5000 after previously uploading a photo made by his friend on a porn site. Buccheri
himself obtained the photos from his victims’ social media and then edited the photos. 35
The German government implemented The Network Enforcement Act (NEA) in
January 2018, sanctioning social media platforms for hate speech content. Previously, the
United States applied The Communications Decency Act of 1996 (CDA) in cases of
deepfakes. But currently, through the National Defense Authorization Act for Fiscal Year
2020 (NDAA), there are special regulations regulating deepfakes. Moreover, there are
two other bills related to deepfakes that are currently in process, namely The Identifying
Outputs of Generative Adversarial Networks (IOGAN) Act and The Deepfake Report
Act in 2019, Virginia criminalized the distribution of deepfakes containing non-

32
Alex Hern, “Hackers Fakes German Minister’s Fingerprints Using Photos of Her Hands”
(theguardian.com, 2021), https://www.theguardian.com/technology/2014/dec/30/hacker-fakes-german-
ministers-fingerprints-using-photos-of-her-hand.
33
Ted Claypoole and Theresa Payton, Protecting Your Internet Identity: Are You Naked Online?
(Maryland: Rowman & Littlefield, 2017).
34
UNICEF, The State of The World’S Children 2017: Children in a Digital World (New York:
UNICEF, 2017).
35
Patrick Grafton, “City Worker David Buccheri Who Posted X-Rated Pictures of Intern on Porn
Site Jailed” (standard.co.uk, 2018), https://www.standard.co.uk/news/crime/city-worker-davide-buccheri-
who-posted-xrated-pictures-of-intern-on-porn-site-jailed-a3828586.html.
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consensual pornography, which carries a penalty of up to one year in prison and a $2500
fine.36
Meanwhile, the U.K. does not yet have specific regulations governing deepfakes.
In case of such a case victim shall ensure the compliance with existing regulations to
protect. If someone is portrayed as supporting a product they don’t support, it is possible
to file a claim through a passing-off lawsuit. Suppose a deepfake uses a trademark that
the victim has registered. In that case, it can be prosecuted for trademark infringement,
while if someone is depicted as engaging in obscene, image-damaging, and offensive acts,
a defamation claim can be filed. 37
New York State also introduce Bill A08155 to prevent the unlawful use of
personal images. Additionally, the Bill contains a clause that governs the compensation
and claims for defamation against people whose persona is used illegally without written
consent. Canada has revenge porn or cyber bullying laws that prohibit the distribution of
intimate images without consent, which Canada’s Criminal Code governs. Article 162 of
the Criminal Code explicitly regulates child pornography. Laws in Canada set the
intimate images in more detail, such as in the Regulation of the Province of Manitoba of
The Intimate Image Protection Act (IIPA). The IIPA defines intimate image as visual
recordings that are made in any way, including video footage depicting a person in a state
or engaged in explicit sexual activity, which is recorded in a state that raises a reasonable
expectation of privacy38 Canada even complements the protection of its citizens with the
Privacy Act 1996, Personal Information Protection and Electronic Documents (PIPEDA)
Act 2000, Personal Information Protection (PIPA) Act 2003 which can be used in
deepfake cases.
Australia is countries with the comprehensive regulation through Australia
Crimes Amendment (Intimate Images) Act 2017 which regulates all non-consensual
creation and distribution of intimate sexual images, while U.K., in 2019 ratifies
Voyeurism Offences Act after the rise of upskirting photo action. 39 Another country as
like France, regulate the publication of children’s photos in cyberspace specifically.
Under France’s Privacy Act, parents may impose for fines or even imprisonment for
violating their children’s privacy by sharing their photos on social media. 40 Moreover, in

36
Matthew F et al., “The Federal ‘Deepfakes’ Law”, Rail,” The Journal of Robotics, Artificial
Intelligence & Law 3, no. 4 (2020): 230–33.
37
Carlton Daniel and Ailin O’Flaherty, “The Rise of the ‘Deepfake’ Demands Urgent Legal
Reform in the UK,” The National Law Review 11, no. 126 (2021): 1–3.
38
Renato Mamucud, “The Rise of Deepfake and Media Syntetization” (pkflawyers.com, 2021),
https://www.pkflawyers.com/article/the-rise-of-deepfake-and-media-synthetization/.
39
Chris JL, “Voyeurism Act 2019 : : ‘Upskirting’ Is Made a Crime in UK”
(openaccessgovernment.org, 2021), https://www.openaccessgovernment.org/voyeurism-act-2019/63186/.
40
Jess Staufenberg, “Frech Parents ‘Could Face Prison’ for Posting Photos of Their Children on
Facebook” (independent.co.uk, 2021), https://www.independent.co.uk/news/world/europe/french-parents-
told-their-children-might-sue-them-pictures-put-facebook-a6906671.html.
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February 2016, France’s National Gendarmerie released a prohibition statement in

response to the “motherhood challenge” on Facebook, that instructing mothers to post
three photos of themselves with their children and tagging to other mothers. The France’s
National Gendarmerie statement include the provision to impose fine of 45,000 euros and
a year in prison for publishing photos without the child’s permission. Article 9 of the
French Civil Code stated regarding on the right to privacy. In its interpretation also
applied for the divorced family, the shall to have a deal among family member to have a
permission before sharing the private photos.41
In Spain, the protection of privacy regulated under Article 18 of the Spanish
Constitution (1978), which guarantees personal and family privacy and one’s self-image.
Several other provisions that provide similar protection are contained in Organic Law
1/1982 concerning civil protection for the right to respect personal and family privacy, as
well as self-image, Organic Law 1/1996 concerning Legal Protection for Minors, Organic
Law 4/1997 which regulates the use of video cameras by security forces in public
places.42
In certain cases, Indonesian legal provisions have recognized the protection of
individual privacy. Article 26 of the ITE Law stipulates that “the use of any information
through electronic media concerning a person’s data must be carried out with the consent
of the person concerned.” Meanwhile, Article 12 of Law Number 28 of 2014 on
Copyright (Copyright Law) has protected against the use of a person’s portrait for
commercial purposes without permission.
Article 11 in conjunction with Article 37 Pornography Law regulate the
prohibition for everyone to involved children in activities and as an object which may led
pornographic content. Refer to article 27 paragraph 3 maybe applied if the photo’s contain
defamation content. Furthermore, the misuse of information obtained from cyberspace
for illegal purpose maybe subjected based on Article 35 of the ITE Law can be imposed
and with threats as regulated in Article 51 paragraph (1).43
A person who hacks a password can be subject to the provisions of Article 30 of
the ITE Law which regulates access to computers or electronic systems to obtain
electronic information by way of exceeding, breaking into, violating, the security system
of a computer or electronic system, with threats up to 8 years in prison.

41
Mora Maria, “Facebook Users in France Posting Photos of Their Kids Could Face Fines, Jail
Time” (digitaltrends.com, 2021), https://www.digitaltrends.com/photography/facebook-france-children-
privacy/.
42
Diego. Manuel Sanchez de, “Right to One’s Own Image in Spain : What It Is and What It Is
Not,” Journal of Information Policy 8, no. 1 (2018): 403–4.
43
Rizky Aditya Saputra, “Prilly Latuconsina Ledek Spreading Similar Nude Photos”
(liputan6.com, 2015), https://www.liputan6.com/showbiz/read/2281448/prilly-latuconsina-ledek-
penyebar-foto-bugil-miripnya.
194 Varia Justicia
Vol. 17 No. 2 (2021)

The absence of specific regulations regarding deepfakes in Indonesia cannot be

used as an excuse for the absence of law enforcement against them. As suggested by
Holly Kathleen Hall, while previously America was waiting for special regulations
regarding deepfakes, there are 5 recommended approaches to combat deepfakes, namely,
(1) using existing regulations; (2) urge additional efforts from social media companies;
(3) develop technology to detect deepfakes; (4) encourage institutions or organizations to
respond to false information; and (5) socializing the digital literacy curriculum in
schools.44
As a first step, the regulations that have been in force in Indonesia, for the time
being, are expected to be the initial protection for someone who has become a victim of
improper oversharing. Not only that, at this time, someone should start considering the
information that will be shared in cyberspace in order to avoid the bad effects related to
the use of his information by criminals. Furthermore, especially for parents, you should
make sure very wisely the consequences that can arise before uploading photos of their
children on social media, there are at least five conditions of children who are avoided to
be disseminated, namely: (1) without clothes; (2) crying/tantrums; (3) personal
information; (4) group photo (without permission); (5) potty time, 45 and for adults, also
make sure that the information provided does not invite crime or harm in the future, as
experienced by Kim Kardashian when she became a victim of an armed robbery after
thieves previously tracked Kim’s location using social media and news media, until
finally being able to enter into the hotel room and stole around £7.8 million. 46
For teenagers, re-check the potential problems that may be present or impact
information published in cyberspace, considering that cyberspace has very good memory
skills. So, it is difficult to be sure that information will be lost after being published on
the internet, and regret is difficult to deny, as a study by Nicole Buzzetto found that some
teenagers regretted being late for publication in cyberspace. 47

4. CONCLUSION
Based on the analysis and discussion above, this article concludes threats resulting
from the overshare lead to various offenses like cyberbullying, pedophile threats, identity
theft, identity manipulation, deepfake, and cyberstalking. In Indonesia, the legal

44
Holly Kathleen Hall, “Deepfake Videos: When Seeing Isn’t Believing,” Catholic University
Journal of Law and Technology 27, no. 1 (2018): 53–75.
45
Sean Szeps, “Crying, Tantrums and Potty Time : The Photos of Our Kids We Need to Stop
Posting Online” (mamamia.com.au, 2020), https://www.mamamia.com.au/kids-photos-on-social-media/.
46
Karina Challons, “The Consequences of Oversharing” (privatebanking.hsbc.com, 2020),
https://privatebanking.hsbc.com/wih/beyond-wealth/cybersecurity/the-consequences-of-oversharing/.
47
Nicole A. Buzzetto-More, Robert Johnson, and Muna Elobaid, “Communicating and Sharing
in the Semantic Web: An Examination of Social Media Risks, Consequences, and Attitudinal Awareness,”
Interdisciplinary Journal of E-Skills and Lifelong Learning 11, no. January (2015): 047–066,
https://doi.org/10.28945/2167.
Varia Justicia 195
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protection of the children cyber offense victim does not specifically regulated. While
learning from several countries, such as the U.S, Canada, France and the U.K, have
stipulated the provision regarding children’s protection, especially in cyber-space.
Through this study, the author proposed the appropriate regulation to tackle the issues of
cyber offense for children in Indonesia by complementing the existing regulation
regarding the limitation of oversharing of data in the cyber-space.

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